Dunnigans
by Vol lady
Summary: Follow-up to The Good Thieves. Nick and Heath get the Dunnigan brothers back to Stockton, but its immediately clear the law may not be able to keep them both. There are problems with what Jarrod saw, and did not see, the night of the robbery, and that means more trouble from the Dunnigans. (My lawyer brain kicked in on this one.)
1. Chapter 1

Dunnigans

Chapter 1

It had been a long ride for Nick and Heath from Sunflower, and having the Dunnigan brothers in their care did not make it an easier ride. The marshal from Sunflower saw them to the border of California, where Sheriff Madden met them and took them back to Stockton. The Dunnigans hadn't given them any trouble, hardly even speaking. That was not unusual for Mark Dunnigan, but even Davy, who could rarely be quiet, was virtually silent. The Barkley brothers just hated the creepy feeling the silence gave them.

And it didn't help that the sheriff was oddly silent, too.

It wasn't until the sheriff had the Dunnigans safely locked away in his jail and he closed the cell block door that the sheriff finally told Nick and Heath about his big concern in this. "Sit down," he said, looking somber.

Nick and Heath looked almost panic stricken. When they left, Jarrod was barely conscious, but the doctor had told everybody he would recover from the bullet in the back one of the Dunnigan brothers had given him. But now –

"Jarrod?" Nick asked.

"No, no," the sheriff said quickly. "He's doing fine. But there is a problem."

"What?" Heath asked.

"He's the only witness we have to this, and I talked to him yesterday about what he saw. He only saw Davy Dunnigan, and he never saw Davy shoot either him or Sam. He never saw who killed Monty, and he never saw Mark Dunnigan at all."

"Well, wherever you have Davy, you have Mark," Nick said.

"That may not be good enough for the law – may not even be good enough for me to keep Mark in jail. Fact is, two men are dead and your brother is seriously wounded, but the only man he can place at the depot that night is Davy Dunnigan."

"Meaning you might have to turn Mark loose," Heath said.

The sheriff nodded. "They'll get a preliminary hearing in the morning, and I'm pretty sure I'll be able to keep Davy but I doubt I'll be able to keep Mark."

Nick rolled his eyes. "Does Jarrod know this?"

"I didn't talk too much to him about it – he was still pretty weak – but with that lawyer mind of his, I'm sure he figured it out."

"So we might have done all this for nothing."

"I wouldn't say for nothing, but it's not as cut and dried as I'd like."

"Well," Heath said, "let's go home, talk to Jarrod, see what he has to say about it."

"Thanks for bringing them in," Sheriff Madden said.

Nick and Heath nodded, then rode on home, almost in silence. The sun was going down as they came in the front door. Their mother and sister had been in the kitchen but heard them arrive and met them in the foyer.

"Thank goodness you're home!" Victoria said. "You've taken them to the jail?"

"They're locked up," Heath said and kissed his mother's cheek, trying not to get trail dust on her.

"How's Jarrod?" Nick asked.

"Still in bed, but much better than when you left," Victoria said.

"He asked to see you as soon as you got home," Audra said.

Nick nodded. "I think we better clean up first. Come on, Heath, I'll meet you in his room."

It was Nick who knocked softly on Jarrod's door first and let himself in. It was beginning to get dark now, but someone had lit a lamp on the night table. Nick drew closer quietly. Jarrod seemed to be asleep, eyes closed. He looked awfully pale, even with a growth of beard that was several days old, but maybe that was the light.

"Hey, Pappy," Nick said softly. When Jarrod didn't stir, Nick shook his arm a little. "Jarrod – you awake?"

Jarrod's eyes opened. He smiled. "You're back."

Nick nodded and sat down in the chair beside the bed. "How you feeling?"

"Been better," Jarrod said, closing his eyes again while he took a deep breath. "Did you bring the Dunnigans back?"

"They're in Fred's jail," Nick said.

Hearing their voices, Heath came in and stood behind Nick.

Jarrod opened his eyes again. "Hi, Heath. I need to talk to you boys about the Dunnigans."

"We're listening," Nick said.

Jarrod tried for another deep breath, but they could tell it hurt. Still, he said, "I spoke with Fred. We have a problem because I only saw Davy Dunningan in the depot, not Mark, and I didn't see who shot me or Sam or who hit Monty. What I saw will probably hold Davy over for trial, but not Mark."

"We'll find some other way to keep him," Nick said.

Jarrod shook his head. "Not likely if he doesn't do something else that will let us. I've been thinking about what he might do now, if he's released and Davy isn't."

"You think he might try to break Davy out?" Heath asked.

"Maybe, but it's not likely," Jarrod said. His speaking was beginning to slow down. "It would be awfully hard for him to do by himself, and there would be a posse after them fast. It's pretty risky."

"Maybe he'll just leave – get while the getting's good," Nick said.

"Also maybe," Jarrod said, "but the minute he does, Davy might turn on him and confess that Mark was with him at the depot."

"That wouldn't get Davy anything," Heath said.

Jarrod smiled. "It wouldn't hurt him more than I could, and it would get him satisfaction. He might even be able to trade it for a deal on the charges on him, might blame everything on Mark. Davy isn't going to think much of sitting in jail alone while Mark is off running free. No, I'm afraid there's another option Mark might take."

"What's that?" Nick asked.

Jarrod smiled. "Get rid of the witness."

Nick and Heath looked at each other.

"That would be tough for him to do with me laid up here in bed," Jarrod said, "but I'm worried he might try and Mother and Audra will get caught in the middle or he might try to take them for leverage. I've already put a guard on them full time. You two need to be careful while you're out there, too. Mark could try to get any one of you to get to me."

"When do you expect he'll be cut loose?" Heath asked.

"Preliminary hearing ought to be tomorrow. They'll hold Davy over for trial and release Mark. Anything could happen after that."

Jarrod closed his eyes and grew quiet. Nick and Heath looked at each other. Nick touched Jarrod's arm. "Jarrod?"

Jarrod stirred again. "Sorry. Drugs. The doctor said he'd start weaning me off the painkillers tomorrow."

"Anything else you want us to know?"

"Just be careful. Guards for Mother and Audra and the house. Expect Mark to turn up where we don't want him. Sorry I didn't see him, even though I'd bet anything he was the one who shot me."

Jarrod drifted off again. They left him alone this time, leaving as quietly as they could. Once they got into the hall and closed the door, they stopped and looked at each other.

Nick said, "If Jarrod's right and he's a target for Mark, we're gonna have to be extra careful. You've seen how mean and determined Mark can be."

Heath said, "I think we ought to talk to all the hands first thing in the morning, make sure they know what Mark looks like so they know who to look for."

Nick nodded. "I'll have the yard patrolled all day and all night."

"Jarrod's likely to be up and around before the trial starts."

"I expect so. But he'll have a guard if he leaves the house, that's for sure. Even if he can only put Davy away, that's a start."

"In a way, I wish Mark would just up and leave."

"Davy might talk and we'd be after Mark again."

"I'd rather have that then Mark trying for Jarrod, or worse yet taking Mother or Audra."

Nick shook his head. "I think it's just Jarrod he'll be after, and he'll try to do it without anybody seeing him, but Mother and Audra will have guards all the time they're out of the house."

They headed on downstairs together, to find their mother and sister were at the bottom of the staircase and had heard everything they said. When they reached the bottom, they just stood there.

Victoria gave them a hard stare. Nick gave it back. "We don't have any choice but to get a good, solid guard posted," Nick said. "Jarrod's right. Mark will be after him, and it's gonna be quite a while before he's able to defend himself."

Victoria nodded. "We'll cooperate, of course. But you two better be part of the plan, too. Mark could take any one of us to get to Jarrod."

"Unlikely Mother, but agreed, we need the guards," Nick said.

Victoria turned. "For now, Mark is in jail, and dinner will be ready in about half an hour. Let's enjoy each other's company again."


	2. Chapter 2

Chapter 2

Nick and Heath left the breakfast table agreeing that Nick would stay here at the house to help with Jarrod and keep watch in case trouble showed up, while Heath went out with the herd, alerting the men to what Mark Dunnigan looked like and what they might expect. As Heath reached the front door and opened it, he found Dr. Merar already there. Heading up the staircase, Nick saw him too and came back down.

"Hi there, Doc," Heath said, letting him in. "You're out awful early today, aren't you?"

"I have quite a few people to look in on today," Dr. Merar said. "Three brand new babies around here, and a broken leg over at the Madison place. A doctor's life never has a lot of sleep in it."

"I was just heading up to look in on Jarrod," Nick said. "Though I'd stick around here today."

"Good idea," the doctor said. "I was going to suggest it, since I'd like to get Jarrod sitting up in a chair today."

"Nick, I'll see you later this afternoon," Heath said and headed out the door.

Nick led the doctor upstairs, saying "Jarrod expected to maybe start weaning off the painkillers today, too. Sounds like he's coming along."

"He's doing fine," the doctor said, "but then you Barkleys are a hardy lot. The main problem with getting him up and about now is that the bullet tore at the muscles he uses to sit up with."

"It'll be worse than busted ribs, huh?" Nick said as they reached the top of the stairs.

"Yep," Dr. Merar said. "I don't want him walking very far yet either. Help him with his morning functions – maybe let him shave himself when he's in the chair. Other than that, he should stay still and not push it."

In a moment they were at Jarrod's door. Nick knocked quietly and they went in. Jarrod looked pretty much the way he did the evening before – asleep, pale, with a growth of beard that would make him unhappy if he saw it.

"Jarrod?" Nick asked.

Jarrod moved a bit and opened his eyes. "Morning," he said when he saw who it was.

"Feel like sitting up in a chair today?" Dr. Merar asked.

"Feel like dancing down the staircase," Jarrod said, but it was clear from the strain in his voice that he was kidding.

"I'm going to change these bandages and have a look at the wound, Jarrod," Dr. Merar said. "I'm going to let Nick help you sit up so I can do it, all right?"

"I think I can sit up by myself," Jarrod said and tried. He didn't make it very far before a sharp pain stopped him.

Nick grabbed for him and supported him, lifting him to a sitting position. Jarrod was able to get his legs over the side of the bed, and once all that was accomplished, he grinned.

"See?"

Nick chuckled. "Yeah, we see."

It was almost half an hour before the doctor got the bandages changed, examined his patient again, and gave the okay to reduce the pain medication and move Jarrod to a chair. When the doctor left, Nick helped Jarrod with his morning routine and then got him moved to the chair.

But Nick did not put the chair directly in front of the window. He put it carefully to the side, so that anyone outside would not have a straight shot at his older brother. Jarrod understood without asking that Nick was protecting him.

"So," Nick said then, "you want to eat first or shave first?"

Jarrod rubbed his beard. "Eat, I think. I am kind of hungry."

"All right. You stay absolutely put while I go fetch you some bacon and eggs – if you think you're up to that."

"Maybe just the eggs and some toast," Jarrod said. "Nick, are you planning to stay around here all day?"

Nick's smile faded. "I don't want any surprises from Mark Dunnigan. He could be free by this afternoon."

Jarrod nodded, understanding. "Thanks, Nick," he said.

Nick smiled again. "Like I said – stay put. I'll be back in a few minutes."

It was Victoria who brought the tray of food and coffee up a short time later. "Well," she said as she came in the door. "You look almost as good as new."

Jarrod smiled. "After I shave, maybe."

Victoria moved the night table over to where she could put the food within Jarrod's reach. "Nick is getting things together for you to do that. You know, you could keep a moustache, maybe some muttonchops."

"Please, Mother," Jarrod said. "I don't want to look like General Burnside. After all the fancy facial hair I saw during the war, I swore I'd never grow anything more than a bit of sideburns. I have no reason to go back on that oath now."

Jarrod took the plate in his lap and dug into the eggs and toast. Victoria sat on the bed. "The doctor says you're doing very well. You'll be up and walking in two or three days."

"That sounds good," Jarrod said. "When can I sit a horse?"

"That's going to take another week or more," Victoria said, "and traveling in a buggy is out for the time being as well."

"Can someone send word to my secretary – tell her how things are going?"

"I thought I'd send word in later today."

Jarrod looked up, stopping his forkful of eggs halfway to his mouth. "You're not to go anywhere without guards, Mother. Do you understand that?"

Victoria nodded. "Audra and I both understand. We know how serious the situation is."

"Serious enough that Nick won't let me sit in front of the window," Jarrod said and finished putting the forkful of eggs into his mouth. "And he's right to take every precaution. I don't want to end up with another bullet in me, and I don't want you or Audra to end up as Mark's pawns."

"We won't," Victoria said. "Do you really think they'll let him go today?"

Jarrod nodded. "There's nothing to hold him on. I can't say I saw him in the depot. I can't say he shot me, even though I know he did."

"Are you certain of that, Jarrod? Things happened very quickly, I'm sure."

Jarrod nodded. "I'm certain of it. I saw Monty fall over, I went toward him, I heard Davy tell me to stop. I turned, I saw Davy, I went for my gun, and that's all I remember. I never saw Mark at all, but it had to be him who shot me after I turned. Had to be."

Jarrod finished his eggs, reached for his cup of coffee and drank some after he bit off a piece of toast. Victoria smiled. "At least your appetite is back."

"With a vengeance," Jarrod said. "I might need a mid-morning nap, but I'll be ready for more at lunchtime."

"I'm glad to see that." Victoria took the plate away and lifted the tray up from the night table.

Jarrod finished the last of his toast, and in a moment, the coffee was gone, too.

"Better not pretend that iron stomach is back already," Victoria said. "You might be sorry later."

"Time will tell," Jarrod said, "but I do feel better today. Maybe just because Nick and Heath are safely back."

Victoria smiled at that. "Just promise me you won't try to move out of that chair on your own."

Jarrod raised his hand. "I promise."

XXXXXXX

It was shortly after lunch, after Nick helped Jarrod back to bed after eating another good meal, that Nick answered the front door and found Sheriff Madden there. He looked unhappy, and without even saying hello, he said, "We were right."

Nick let him in. "Mark's out?"

The sheriff nodded as he came in.

"Where did he go?" Nick asked.

"Nowhere," the sheriff said. "He's hanging around town. Says he's staying until his brother's trial. It's set for two weeks from today."

Nick felt something crawl up his spine. "You think he intends to testify?"

"I have no idea, but if he does, you can bet he'll just back up his brother's testimony that they were nowhere near Stockton that night. All I really know is he's camped himself out just outside of town because no one will rent a room to him. I stopped by to see him to suggest he move on. He just refused."

"Can't get him for vagrancy?"

"Not outside of town."

Nick sighed as his mother came in from the kitchen. She had heard most of the conversation. "Stay out of his way, Nick," Victoria said.

"I will, as long as he stays out of mine," Nick said.

"Nick, don't give him any excuse to damage Jarrod's testimony at the trial," the sheriff said. "If you lean on him, he'll testify he's being coerced not to tell the truth if he testifies."

Nick sighed again. "I better go upstairs and tell Jarrod. Don't worry, Fred. I'll steer clear of Mark and make sure everybody who works here does, too."

Nick went back upstairs and into Jarrod's room, but he was already asleep in his bed. Nick sighed, shook his head. "Well, Big Brother," he said quietly. "I don't think having Mark hanging around to testify was what we thought he'd do, but that's what he's doing."

Jarrod slept right through Nick's words.


	3. Chapter 3

Chapter 3

Heath came home at his regular time, leaving his hat and gloves on the table in the foyer and joining his mother, sister and brother in the living room where they were already having drinks. Heath noted the unhappy look on all the faces. The first thing he said was, "Mark Dunnigan is out."

Nick nodded. "He's sticking around, too. Hasn't left Stockton."

Heath went for a drink. "How's Jarrod taking this?"

"We haven't told him yet," Nick said. "He was up in a chair all morning, and he's been asleep since lunch. I was planning to tell him when I take him his dinner."

"In the meantime, we're all prisoners of a sort," Audra said. "I decided not to go visit the orphans or anyone else until the trial is over. I don't want to be Mark Dunnigan's pawn to get to Jarrod."

"Got a date for the trial?" Heath asked.

"Two weeks," Nick said. "Everything all right out on the ranch?"

"Yeah, fine," Heath said. "I'll stay here tomorrow so you can go out and check on things. We didn't see hide nor hair of Mark Dunnigan or anything else ugly today."

"It's nice to know something is going right," Victoria said.

Heath brought his drink over and stood beside the fireplace. "So, we're keeping the guard up here around the house?"

Nick nodded. "And keeping everybody away from the windows, especially Jarrod. The minute anybody spots Mark Dunnigan, I want him grabbed – I don't care if the sheriff can keep him on anything or not."

"I'll spread the word after dinner," Heath said. "I don't know what else we can do to protect ourselves, though."

"Neither do I," Nick said, "except keep Jarrod in the house until the trial, and he's not likely to be going very far anyway."

XXXXXXX

Nick took Jarrod's dinner to him shortly before the family sat down to eat. Jarrod was able to sit up in bed fairly comfortably. He'd already had enough time in a chair for the day, so eating in bed would have to do the trick. He took a look at the food. "Chicken and dumplings – Silas knows how to make my stomach happy."

"Got some news about Mark Dunnigan," Nick said.

Jarrod could tell from the look on his face it was not happy news. "Let's have it."

"He's out, and he's sticking around town. Maybe just to testify at Davy's trial, nobody knows."

"But we have to act as if he's going to make a try for me."

"Yeah," Nick said.

Abruptly, Jarrod just began to eat heartily. "I hope I can be downstairs in a day or two. I did pretty well in the chair, and I'm getting mighty bored up here all day."

"Jarrod – " Nick said.

Jarrod shook his head at his brother. "We'll keep taking precautions, Nick. We'll do all right. How is Mother holding up?"

"She's worried," Nick admitted. "But you know Mother, and everybody else for that matter. We'll hold up pretty well no matter what."

Jarrod chuckled. "We get far too much practice, Nick."

"Yeah. How's the chicken and dumplings?"

"Hits the spot," Jarrod said. "Go have some and pick up this tray later. I'm all right."

Nick nodded and began to leave, but said, "Stay in bed. I don't want you anywhere near the window."

"Don't worry," Jarrod said. "I'm not going anywhere."

XXXXXX

Mark Dunnigan sat in the darkness, on the side of a hill overlooking the Barkley mansion. He had field glasses trained on the house, and he could see people sitting at a dining room table, but he was sure none of them was Jarrod Barkley, and he did not want to take a shot at anyone other than Jarrod Barkley.

He never even gave any thought to picking up one of the women to use as a trade. Whatever he did, he needed to be sure no one knew he did it. There needed to be no witnesses to pin anything on him for anything, or the whole exercise would be pointless. The idea here was to get himself and his brother off free.

He was already off free – no sense in jeopardizing that. Simply testifying at Davy's trial – that he and Davy were nowhere near Stockton – was not going to work in a Barkley town. The only move was to find some way to kill Jarrod Barkley from a distance, so he could not testify against Davy, so no one could testify they saw anybody do anything.

He knew he had two weeks to do it in. He had learned the trial date at the preliminary hearing, before he was released. He knew he had time, and if there was one thing he was good at, it was being patient. He and Davy had worked everything out before he got out of jail. He would take care of the only witness, Davy would be released, and the two of them would move on to greener pastures, where they'd never been before, as free as any men had ever been.

Mark lifted the glasses to look into an upstairs room where there was a light. With everyone else in the dining room, Mark figured this had to be the room with Jarrod Barkley in it.

Mark figured he could bide his time until his chance came, a chance that Jarrod Barkley would get too close to a window. If he came here at night, it would reduce the chances of someone spotting him. If he had to leave, he could do that and figure out another tack. He had time. He could wait.

XXXXXXXX

At breakfast the next morning, Nick warned Heath to keep Jarrod away from any windows, and he warned him, his mother and sister to stay away from them, too. "Even though I don't think Dunnigan's gonna shoot at any of us," Nick said. "There's nothing in it for him."

"It's Jarrod he'd want to kill," Audra said and didn't like the words even as she said them.

Heath nodded. "He's the only one who counts now. We'll keep him safe. He's been laid up since he was shot, so he won't be leaving the house. He'll be safe until the trial."

"Here we go into siege mode again," Nick muttered.

"We've done it before, Nick," Victoria said. "This won't be the last time, either. And if we can stay like this – keeping Jarrod inside, and Audra and I staying inside as well – Mark won't get a chance at Jarrod."

"Until he goes to the trial," Nick said.

"We can have all kinds of guards on him then," Heath said. "It'll work – and I'll bet it won't be too many days before Mark gives up and just leaves town anyway."

"I hate him not paying for shooting Jarrod," Nick said.

"We've got no way to make him pay for that," Victoria said. "Let's just not give him a chance to shoot him again."

XXXXXX

Victoria took Jarrod's breakfast up to him. He woke up when she came in, saying, "Good morning, Lovely Lady."

Victoria put the tray on the table not far from the foot of Jarrod's bed. She stood up straight then, looking at the two windows, one on each side of Jarrod's bed. She really wanted to close the shutters there, but that would cut off the air flow and make the room very uncomfortable. Victoria opted for closing the curtains, letting them move in the breeze coming in.

There was a chair by the table. Victoria eyed whether Jarrod would be in the line of any fire coming from outside if he sat there. She decided that if she could get him out of the bed near the foot of it, she could get him to the chair and he would not be seen from outside.

"I'm going to help you sit up, but I want you to slide down toward the foot of the bed first," Victoria said. "I want you as far away from the window as we can get you."

Jarrod pushed himself toward the foot of the bed. It hurt and he grimaced, but once he was right next to the footboard, he was able to pull himself up. Victoria supported him, helped him stand and then eased him to the chair by the table.

Jarrod sat, and the first thing he did was look toward the windows. He knew there was a hill out there, but any view into the room would be blurred by the curtain fabric. "It looks like I'm safe," Jarrod said and drank some coffee.

Victoria sat herself down on the foot of the bed, on the side where the hill was not visible through the window. She hated having to be as careful as this – there was always a chance there would be a slip-up, and it might only take one. But she kept her concerns to herself. "Dr. Merar will probably be by in a few hours," she said. "I think you should stay in the chair until then."

Jarrod nodded and dug into the scrambled eggs. "I'd like to spend all day in the chair if I can, and if he'll allow it. I'm feeling much more awake now that the painkillers have been reduced, and the pain isn't that much worse. And I don't think there will be a problem of someone seeing me through the windows. With the curtains drawn, and it being a sunny day out there – I won't be very visible in here."

"We might have a little more to think about once we get you moving about the house," Victoria said.

"We'll cross that bridge when we come to it," Jarrod said and kept eating.

Victoria kept glancing at the windows.

Jarrod noticed. "Try not to worry, Mother. The danger is not all that great, and with all the guards outside, Mark Dunnigan would be foolish to try anything. And Mark Dunnigan is not foolish."

Victoria looked at her son's smile. "I suppose you're right. I'll still feel a lot better once this trial is over. I don't like being stuck in the house any better than you do."

Jarrod chuckled. "It will be over quickly. You'll see."

Victoria smiled. She really hoped so.


	4. Chapter 4

Chapter 4

Victoria stayed with Jarrod while he ate, then took the tray back downstairs – where she was met with Nick and one of the guards running for the front door. Nick was buckling his gunbelt on as he ran, and he yelled to Victoria, "Get away from the windows!"

Heath was rushing in from the dining room, but he ran upstairs. "Get into the kitchen with Audra and Silas, Mother. Stay there and stay down."

The kitchen's windows did not face the hill that could be seen from Jarrod's window. Victoria did as she was told and hurried there.

Heath ran up to Jarrod's room and found him in the chair he'd been in since he got out of bed. He looked startled when Heath burst in. "Stay right there, don't move," Heath told his brother as he slipped up beside the window closest to the door and pulled the shutters closed without putting himself in front of it. Then he slipped to the window on the other side of the bed and did the same thing.

Closing the shutters cut off the air and made it darker, but Jarrod could still see Heath by the light coming in from the door. "What's going on?"

"One of our guards flushed somebody out on that hill out there, just before sunup," Heath said. "They've been trying to find whoever it was, but they haven't had any luck. Nick's gone out with a few of the guards to check on it, but we need to be careful here. We don't know who was up there or where he's gone."

"What do you want me to do?"

"Just stay right there for now. Where's your handgun?"

Jarrod pointed to his desk. "I have one in there."

Heath fetched it and gave it to him. "I'm gonna go see to Mother and Audra and Silas and be right back up. You stay right here. I don't think you'll have to, but defend yourself if I'm wrong."

"Watch out for yourself," Jarrod said as Heath left the room.

Then there was nothing to do but wait. Everything was quiet after Jarrod heard Heath's footsteps run down the stairs. He could hear horses faintly outside, far away, but then there was only silence.

Jarrod felt his heart pounding, even though like Heath, he did not expect any trouble he would have to deal with.

Then he suddenly heard footsteps running up the stairs again. His heart beat faster until he heard the footsteps just outside his door and Heath's voice saying, "It's Heath, Jarrod. I'm coming in."

Jarrod lowered the gun he didn't even realize he had raised. "Is everyone all right?"

"Yeah, all three of them are armed. Nobody will get to them. You doing all right?"

"I'd be doing better if somebody came in and said they grabbed Mark Dunnigan up on that hill."

"You and me both," Heath said as he came to his brother's side and put a hand on his shoulder.

Then they waited in silence. They waited for a long time before they heard someone come in the front door. "Heath?!"

It was Nick. Heath went out into the hall. "Yeah?"

Nick stood in the foyer, panting, putting his handgun back into his holster. "Whoever it was, he's gone."

"He didn't come in the front door here," Heath said.

"Where are the others?"

"All three of them in the kitchen."

"Come with me. We better have a look around in here."

Jarrod heard what they said to one another, and he heard Heath run back down the stairs. He held his handgun tightly in his lap but noticed his back muscles that were damaged when he was shot were really starting to hurt. He tried to relax his grip on the gun.

After a few minutes, he heard footsteps coming back. "It's Heath!"

Jarrod relaxed. "Is everybody okay?" he asked as Heath came in.

"Yeah," Heath said.

Jarrod took a deep breath that Heath could hear. "You didn't find whoever was on the hill."

"No," Heath said. "But no one got into the house, and the stable yard and the area around the house are clear, and so is that hill. Whoever it was is gone."

"I suppose that'll have to do for today," Jarrod said.

"Nick and I are gonna move you to the guest room where nobody can get the height to shoot in at you."

Jarrod nodded. "All right, but I think I'll keep this Colt with me."

"Fair enough," Heath said.

Nick came in then, panting even harder with all the effort of running around. "Sorry, Big Brother, we didn't catch him," he said.

"Nevermind," Jarrod said. "Heath says you're gonna move me."

"Right now, if you're up to it."

Heath took Jarrod's gun and put it under his belt. He stood on Jarrod's left and Nick to his right. They carefully lifted Jarrod up to standing. Jarrod moaned – those back muscles really hurt as they lifted him.

"Can you walk that far?" Nick asked.

"Sure," Jarrod said. "Can we make a stop at the water closet? I would like to take care of my business and shave standing up if I can."

"I don't know if you're gonna pull that off," Heath said, "but we'll hold you up and let you give it a try."

"At least there's only the one frosted window in the water closet," Nick said. "Nobody can see us through there."

"Let's go," Jarrod said, and they supported him as he made his wobbly way out of the room and down the hall.

XXXXXX

By the time they got Jarrod to the guest room, he was too tired to sit in a chair and opted to lie down on the bed. "At least I'm shaved," he said with a groan and a grin.

Nick pulled the blankets up over him. "You're gonna have to take your time getting your strength back, Pappy."

"Mmm," Jarrod agreed and closed his eyes. "Tell you what. Spare me any more excitement this morning, all right? I'm planning to go back to sleep."

Both Nick and Heath smiled. "Go for it," Heath said. "I'll be downstairs if you need me."

Jarrod said, "Mmm," again and settled down.

Nick and Heath left, closing the door but leaving it open just a crack. When they got down to the foyer, Victoria and Audra were coming in from the kitchen.

"Did you get Jarrod moved?" Victoria asked.

Nick nodded. "Are you sure you two are all right?"

"Oh, we're fine, we're fine," Victoria said. "I think we'll just try to carry on with a normal day."

"Well, then, I'll head out to the herd," Nick said, and he looked at Heath for confirmation that he would keep everything safe here.

Heath nodded.

Nick left. Once outside, he looked around the yard one more time to make sure he had enough guards in place. Several of them gave him a wave. He waved back and felt a little better, but just a little. He hated leaving the house like this – all of the family in there when somebody had been lurking around here.

But his mother was right about one thing. Carrying on with a normal day was the right thing to do. The ranch couldn't grind to a halt for nearly two more weeks. Heaving a sigh, Nick grabbed two of the hands near the stable and rode with them out to the herd.


	5. Chapter 5

Chapter 5

By the time Mark Dunnigan got to the jail to see his brother later that day, Davy was really beginning to pace his cell. As soon as the sheriff closed the cell block door and they were alone, Davy said, almost whispering, "You still haven't had a shot at him, have you?"

Mark said, "No. I was up there last night but I didn't get a shot, and somebody spotted me while I was leaving this morning. I'll have to hold off going up there for a couple days."

"You should have hit him by now!"

"I can't get a clear shot at him. He's never near a window."

"He wouldn't be if he's laid up in bed, would he?"

"No, he wouldn't."

"Well, when he gets better, he'll be moving around more, won't he?"

"Yeah, whenever that is."

Davy straightened up, worried now. "If they think you're after him, they'll keep him holed up in there."

"That's what they're already doing. They got guards all over the place. I gotta look closer for my chance, if I can. And if all else fails, I gotta go for him when he's on his way to your trial – if I can."

"You're making me awful nervous, Mark."

"That's a good way to stay," Mark Dunnigan said. "Keeps you from making mistakes. You keep your mouth shut in here. Say nothing to nobody. I'm gonna have to go out of town for a few days to find you a lawyer – I've tried around here and nobody will buck a Barkley."

"Well, then go get me one!"

Mark said, "I'll head out today. You calm down and keep your nose clean in here. Maybe by the time I get back, Mr. Jarrod Barkley will be well enough to move around and give me a crack at him."

"If you'd aimed better in the first place, he'd be dead now, and we wouldn't be in this mess."

"Shut up, Davy, or I'll leave you to yourself in this."

"And I'll just have to testify about who really killed that hired man and shot Jarrod Barkley in that depot."

"And you'll be cutting your own throat. You might as well put the noose around your own neck for killing that depot manager."

Mark gave a nasty smile to his brother. Davy gave it right back, and Mark turned to bang on the cell block door. The sheriff let him out.

Each one of the Dunnigans knew he had his hands on his brother's throat, and danger of mutual destruction was what was keeping them working together on this. There wasn't much brotherly love between the Dunnigans.

XXXXXXXX

Jarrod jolted awake to find himself in an unfamiliar room with the haze of a nightmare he couldn't remember playing around the edges of his mind. It took a minute and an attempt to sit up that hurt his back before he put two and two together again. He was in the guest room. He was still recovering from a bullet wound to the back, and Mark Dunnigan – who probably had shot him – was out free and maybe honing in on him again. That was what the nightmare must have been about.

His mother suddenly appeared at the door. "Jarrod? Are you all right?"

"I'm fine," Jarrod said. "Just woke up from a nightmare or something."

Victoria came to his bedside. "You cried out."

"Must have been some nightmare. What time is it?"

"Almost time for dinner. You slept through lunch. Are you up to sitting in a chair?"

Jarrod nodded, looking around for a chair to sit in. There was one on the other side of the door. It was clear of all the windows. Jarrod pointed to it. "That one."

Victoria helped him stand and then supported him by one arm until he made it to the chair and sat down.

"I'm hungry," he said. "Maybe you should have gotten me awake for lunch."

"We considered it, but we figured we'd just let you wake up on your own. You just didn't do it. With all the excitement this morning, I suppose you were more tired than anyone thought. Time just got away from all of us."

Audra appeared at the door with Jarrod's dinner. "Ah," he said, smiling. "Pot roast? I love Silas's pot roast."

"You can cut things with a fork, too," Audra said. She put the tray on the dresser, pulled a small table over to Jarrod's chair and then brought the tray to that table.

"Now I'm a happy man," Jarrod said and dug in.

The two women sat on the bed to stay and talk. Audra said, "There hasn't been any more trouble around here."

"That's good to hear," Jarrod said between bites. "Is Nick back in yet?"

"He's cleaning up for dinner," Victoria said. "Nothing happened out on the range today, either."

Jarrod grunted.

"There is something I wanted to talk to you about," Victoria said, and Jarrod looked up. "When you go to testify at the trial, Audra and I would like to go along."

Jarrod quickly shook his head. "Too dangerous. Mark won't try for me here as long as he can't get to me. That leaves trying for me when I'm on the way to the courthouse."

"Jarrod – "

"No, I'm sorry, Mother. I won't allow it. Don't even bring it up again."

Victoria and Audra looked at each other. Victoria said, "Think about it, please. It's nearly two weeks away."

Jarrod looked up. "The only way I'd reconsider is if Mark Dunnigan is caught and in jail for something. Other than that, forget it. And if you asked Nick or Heath, they'd say the same thing."

"Well," Victoria said, got up and kissed Jarrod on the forehead. "I want to go see about dinner. You take your time, and I'll be back later."

Victoria went out, leaving Audra there with Jarrod. Jarrod looked up at his sister, thinking it was now her turn to wheedle him into getting what she and her mother wanted. "No, Audra," he said.

"I haven't asked for anything," Audra said.

"You were going to," Jarrod said.

"No. I was just thinking that maybe if Mother and I rode separately from you to the courthouse, you'd be less concerned."

Jarrod looked at her. He hadn't expected that angle out of her, and the surprise made him think about it. If they did go in maybe an hour after he did, maybe they would be safe.

Audra said, "We've been so worried about you, Jarrod. We're just anxious to see that you get the justice you deserve, and Sam and Monty, too."

"I'll think about it," Jarrod said, realizing he'd been double teamed and giving into it, at least in part.

In a little bit he was finished with the pot roast and was diving into a piece of apple pie, while Audra just smiled.


	6. Chapter 6

Chapter 6

Nothing at all happened over the next few days, except that Jarrod grew stronger and was up and around more. The doctor had come and pronounced him almost good as new, which everyone was glad to hear. He still had to watch his energy, take the stairs easy and use a cane for support, but he was getting well fast.

The only problem was that he still had to stay inside and away from windows, which meant taking his meals in the kitchen or in the guest room, because there were too many windows in the dining room. Playing pool was out of the question, too – too many windows in the library. The drapes could be closed in the living room, so at least Jarrod could join in the before dinner socializing.

The trial was less than a week away when the prosecutor, Jack Pope, came to talk to Jarrod about his testimony. First, though, he had some news.

"Mark Dunnigan is back in town," Jack said. "He was off looking for a lawyer for Davy and finally found one in Modesto – name's Calvin Price. Do you know him?"

Jarrod shook his head. "Must be new, probably young."

"Well, he came to me to see if he could get some kind of deal for Davy. I told him I'd think about it."

Jarrod looked hard at Pope. "What exactly are the charges on Davy?"

"Armed robbery is our best charge. You can put Davy in the depot, and you can testify that your gold disappeared that night and is still gone. We also have him on manslaughter for Sam at the depot, lesser manslaughter charges on Monty, but they're on shakier ground."

Jarrod nodded. "I didn't see Davy involved in either killing. And I know he didn't shoot me."

"Are you absolutely sure you never saw Mark that night?"

"I wish I wasn't, but no, I never saw Mark at all. Only Davy. So – a jury probably would convict him of armed robbery, maybe convict him of killing Sam, probably not Monty. Are you planning on offering him anything?"

"If he pleads guilty to the armed robbery and manslaughter for Sam, I'd recommend twenty years and give him a pass on the charge on Monty."

Jarrod smiled. "He'll never take it. Knowing Davy, he'll plan on taking the stand and charming the jury."

"Well, I'll put it out there, but I won't do any better than that for him. Now, you – how are you feeling?"

"Oh, I'm good. Got my cane to keep me from falling down, but otherwise I'm hale and hardy."

"I want you to have that cane with you when you testify. I don't want you looking _too_ good."

Jarrod laughed. "I was thinking the same thing myself, but it'll be honest. I won't be off this cane for a while, and I expect I'll still have trouble getting up and down. Back still hurts."

"I'll want you to testify about everything you remember about that night, just as you've told it to me, and that the gold disappeared and is still gone. And I will ask you about your injury, how it's affected your life, how much your back hurts, but it will probably be ruled irrelevant if Price objects, since your shooting is not among the charges."

Jarrod nodded.

"Do you have any memory of what happened at the depot after you were shot?"

Jarrod shook his head. "I was flat on the floor. I think I heard shots, but I can't be sure. I couldn't see anything, and the next thing I knew was when I was home here in bed, hours later."

Pope nodded. "Your testimony shouldn't take too long, and I expect the cross will just center on how you didn't see Davy Dunnigan shoot anyone. I'll tie him into the shootings on redirect as best I can."

"He was the only man I saw close to Sam. I saw him clearly with a gun pointed at me when Mark shot me in the back."

"You're sure you didn't see Mark at all? At no time?"

Jarrod shook his head. "Not at all."

"So, you're not sure who shot you."

"No, I'm not."

"It doesn't really matter for our purposes. I'll get what I need on redirect and when I cross examine Davy."

"He'll take the stand, you think?"

Pope got up. "Oh, yes, I agree with you, he'll take the stand and turn on the charm. If I can rattle him, I will. I'm sure I can nail him on the armed robbery charge, might even get the manslaughter conviction. We'll see."

Jarrod got up and using his cane, walked Pope to the door. As he opened it, Jarrod stayed behind it, bid Pope a good-bye, then closed it and came back into the foyer, away from any windows.

Victoria came down the stairs. "Are you finished with your trial preparation?"

"It didn't take long," Jarrod said. "My testimony won't take long either, so I want you and Audra to reconsider and stay here."

Jarrod had agreed they could come to the trial if they traveled separately from him, but he kept trying to talk them out of it. Victoria said, "We'll see. Now, come have some lunch in the kitchen with us."

XXXXXX

In the darkness, Mark Dunnigan scouted the area around the hill behind the Barkley house as best he could. He hunkered down behind a rock and listened for any movement of men or horses through the trees. He hoped being gone for several days had made the Barkley guards less careful. He spent a long time listening.

He heard nothing for over an hour, so he moved quietly on foot to where he knew he could see the Barkley house – but he got a shock. The light in the room he had assumed was Jarrod Barkley's was out. He looked at the other windows and saw only rooms downstairs with lights. Using his field glasses, he could get a decent look at who was in those rooms. There were two men, but he knew them to be Nick and Heath, the men who had come to Sunflower and hauled him and Davy back.

For half a moment Mark considered picking off one of those men. A piece of revenge tasted very sweet. But he decided not to do it. Maybe someday, but not today.

For a long time he watched. Finally, the lights downstairs went out. Lights appeared upstairs, but never in the same room that had the light before. There were never any people near the windows upstairs.

Mark Dunnigan stayed for a long time. Lights went out all over the house, except for those outside on the porches. He could see men moving around the outside on foot. They still had the guards.

Mark Dunnigan stayed all night, but never had any chance to take a shot at Jarrod Barkley. It was beginning to look like his only chance might come when the man was on his way to court, and that might not be a real chance either. As the sky began to lighten in the east, Dunnigan returned to his horse and rode out.

He was thinking, _Davy, you may just have to sit in a cell for the rest of your life, if you don't hang._

But he wasn't ready to give up yet.


	7. Chapter 7

Chapter 7

On the day before Davy Dunnigan's trial was set to begin, Mark Dunnigan went to see him. He made sure Davy's lawyer was nowhere around before he got the sheriff to let him in. When the sheriff left and closed the cell block door, Mark turned toward his brother's cell.

Davy grabbed the cell bars like a man grabbing for a life preserver. "Tell me you got him."

"You know I didn't," Mark said. "They got him locked up tighter than you are."

Davy slumped, looking like he was going to cry. "You gotta get him before he gets to court."

"I expect they'll have him guarded better than you'll be tomorrow too. I'll do my best, but you better be ready to make that jury love you, because that may be your only chance."

"There's got to be a way. You can't let them hang me."

Mark sighed. "Did they offer you any deal?"

"Twenty years. Lousy deal."

"Not if you're thinking you might hang."

Davy walked away from the cell bars. "They can't hang me. They won't hang me."

"Maybe you best take the deal, Davy."

Davy glared at his brother. "Easy for you to say. No, they won't hang me. They got nothing on me. Barkley didn't see me shoot that depot man. He was flat out on the floor. The best they can get me with is armed robbery, and that's twenty years."

Mark heard his brother talking himself back into charming the jury. "Davy, you got less than 24 hours to make up your mind. I'll be trying for Barkley again on his way to court, but you can't bank on me getting him. If I don't, it's all gonna be up to you. If you think you can talk your way into twenty years tops, go for it. But I'll tell you something, brother of mine. If I don't get Barkley, I won't be in that courtroom. I'll be long gone, and you'll be on your own."

Davy's face turned into pure malice. "Do that and I'll pin Barkley and both dead men on you."

"You trying to talk me out of trying for Barkley one more time, because I can ride away right now."

Davy backed off. "No. I need you, Mark. I need you."

"Yeah, you do. Remember that."

XXXXXXX

Jarrod looked at himself in the mirror, at his string tie and his dress shirt, before he put his suit jacket on and looked at himself again.

"You're going to court, not a wedding," Nick said, growing impatient.

"You know," Jarrod said, "I can't remember the last time I went three weeks without wearing a suit."

"It still fits, doesn't it?"

"It's a little loose, but I think it looks all right."

"Then come on, let's get going."

Jarrod grabbed his cane and walked unaided from the guest room where he'd been an inmate for too long and down the stairs to the foyer. Nick was beside him all the way, and his mother and sister were there to see him off.

Jarrod kissed them both. "Thank you for agreeing to skip the trial. I'll be much more at ease knowing you're safe here at home."

"Come back safe, Jarrod," Audra said.

"How many guards do I have out there, Nick?" Jarrod asked.

"Six, besides me," Nick grumbled. He was nervous. He wanted to get going.

"I'll be fine," Jarrod said.

Silas opened the door for them. The buggy was waiting right at the door, and the guards on horseback were mounted and waiting just behind it. Nick helped Jarrod into the buggy, then climbed in himself and took right off.

As they came out of the yard and onto the road, the riders placed themselves around the buggy – two in back, two in front, and one on each side. They would travel like that all the way to Stockton, a veritable shield against anyone who would want to take a shot at Jarrod. None of the riders were particularly nervous, but they were very aware of what was happening around them. Nick also kept his eyes pealed ahead and from side to side.

Jarrod was also watching the area very carefully. He had mentally traveled this road at least twice since breakfast, and he tried to figure out where Mark Dunnigan would try to kill him. There were three places he thought were likely choices, but he took nothing for granted. Neither did anyone else riding with him.

Nick and Jarrod did not talk much. Nick was concentrating on the road and the possible ambush spots. Jarrod could feel him tense up more than once, but it wasn't until they came to a short bridge over a creek that Jarrod said, "It might be here."

Nick kept a steady pace until they were just about to cross the bridge. At that point, he had to give up his guards because the bridge was too small to accommodate them all. Nick sped up and got across in seconds. He didn't slow again until they were safely away from the creek and the guards had caught up and repositioned.

"Guess not," Jarrod said.

Nick actually chuckled.

XXXXXXX

Mark Dunnigan had been waiting a bit upstream, taking very careful aim with his rifle, his horse waiting just a few feet away. He would fire and kill Jarrod Barkley while his buggy was on the bridge, then take off cross-country before anyone could spot him.

What he didn't count on were the other guards he could not see.

Heath Barkley and several of the Barkley ranch hands had gotten their heads together with Nick and Jarrod the night before and scoured the likely ambush spots very quietly ahead of the buggy. Just after Mark Dunnigan got into position, Heath and two other men saw him, and got into position behind him.

"Put the rifle down," Heath said even before the buggy crossed the bridge.

Mark Dunnigan had to watch the buggy cross the bridge and hurry on. He put his rifle down and raised his hands. _Someday, Barkley, I'm going to get you for all this,_ he thought but did not say. He said nothing.

XXXXX

Jarrod took the stand, still a bit wobbly but relying on his trusty cane. He was sworn in. The prosecutor led him through his testimony, which he gave plainly and speaking directly to the jury.

Davy's lawyer asked the cross examination questions Jarrod expected.

"Isn't it true that you did not see who killed Monty Cole that night?"

"Yes."

"Isn't it true that you did not see who killed Sam Tate that night?"

"Yes."

"Isn't it true that you did not see who shot you?"

"Yes."

"Isn't it true in fact, Mr. Barkley, that you never saw Mr. Dunnigan fire a single shot that night?"

"Yes."

"Isn't it true that you never saw who took the gold you claim Mr. Dunnigan stole?"

"Yes."

Jarrod knew he was driving Dunnigan's lawyer crazy, but he knew how to answer cross examination questions – as briefly as possible. He never said more than yes or no. Then Prosecutor Pope began his redirect.

"Mr. Barkley, of the men you did see in that depot the night you were shot, which ones were holding guns?"

"Only the defendant was holding a gun."

"Where was he standing?"

"When he told me 'hold it' and I turned, he was standing in front of me."

"About how far away?"

"About ten feet."

"And where was Sam Tate in relation to you and the defendant?"

"Sam was between us, off to my left slightly."

"How far was the defendant from Sam Tate when you were shot?"

"Five or six feet."

That was the end of it. Jarrod was excused as a witness and permitted to leave the courtroom. Jarrod very intentionally stepped down from the witness box by holding onto the rail with one hand and his cane with the other, and then he carefully walked up the aisle toward the door. Nick stepped out of the visitor's benches and walked beside him, and as they reached the back, they saw Heath standing there by the exit door. Heath was smiling.

Jarrod grinned, and he left the courtroom with his brothers.

XXXXXXX

They went to Jarrod's office to await the verdict. They knew only Davy Dunnigan would be testifying after Jarrod was finished, and then the case would go to the jury. Jarrod was pouring the second round of drinks for his brothers when the sheriff came in and told them the jury had the case.

Jarrod poured a drink for Sheriff Madden. "The instructions couldn't have been very long."

"There weren't many of them," the sheriff said and accepted the small glass of scotch. "And Davy is gonna be in for one big surprise when the jury comes back."

"The bigger surprise will be when he gets back to your jail," Jarrod said and raised his glass for an unspoken toast.

The sheriff clinked glasses with him.

The sheriff only stayed for a moment – and did not drink the offered liquor - before he went back to the courthouse. It was only about twenty minutes later that one of the sheriff's deputies came in. "Jury came back. Guilty on armed robbery, guilty on manslaughter in the death of Sam Tate."

Jarrod's eyes went wide. "Well, I must have been very convincing if they convicted him for killing Sam."

"Congratulations, Big Brother," Nick said.

"Congratulations go to you, my younger brothers," Jarrod said. "You got the Dunnigans back in California, and back in jail. But the next trial is yours to testify in, Heath."

"I'll try to live up to the record you set today, Jarrod," Heath said.

XXXXX

The sheriff was privately grinning from ear to ear when he opened the cell block door and put Davy Dunnigan back into his cell. Davy stopped dead when they walked into the cell block – and then he quietly stepped into his cell, staring into the cell next to his.

Mark Dunnigan sat quietly on the cot in the next cell. They looked at each other for a moment, then away.

Sheriff Madden locked Davy away and went back into his office, closing the cell block door, before he began to laugh.

The End


End file.
